Clarence Thomas’ wife Ginni was paid nearly $100,000 for ‘consulting’ by a nonprofit that ended up filing an amicus brief to the Supreme Court

Insider

Clarence Thomas’ wife Ginni was paid nearly $100,000 for ‘consulting’ by a nonprofit that ended up filing an amicus brief to the Supreme Court: report

Erin Snodgrass and Matthew Loh – May 4, 2023

Ginni Thomas against blue background
Virginia “Ginni” Thomas at the Conservative Political Action Conference in Oxon Hill, Maryland, on February 23, 2017.Susan Walsh/AP
  • A conservative activist helped Ginni Thomas rake in nearly $100,000 for consulting, The Washington Post reported.
  • Conservative lawyer Leonard Leo reportedly ensured Ginni Thomas’ name was kept off the paperwork.
  • The nonprofit that was billed filed an amicus brief before the Supreme Court that same year.

A little more than a decade ago, a conservative judicial activist helped Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, secure consulting work that yielded her nearly $100,000 — all the while asking that her name was left off the financial paperwork, according to a new Washington Post report.

Leonard Leo, a lawyer and conservative legal activist, told then-GOP pollster Kellyanne Conway to bill a nonprofit he advised, Judicial Education Project, and give that money to Ginni Thomas in January 2012, the outlet reported, citing financial documents.

That very same year, Leo’s nonprofit filed an amicus brief to the Supreme Court in a key voting rights case in which a 5-4 majority — that included Thomas — ultimately opted to strike down a component of the Voting Rights Act.

The Post highlighted an opinion that Thomas wrote for the case, in which he favored the same outcome that the Judicial Education Project pushed for alongside other conservative organizations. However, he did not mention the amicus brief submitted by the nonprofit.

The latest scandal comes amid a flood of judicial misconduct allegations against Thomas in recent weeks. A series of ProPublica reports alleged that the longest-serving justice sold his childhood home to GOP mega-donor Harlan Crow without disclosing the sale and accepted decades of expensive — and undisclosed — vacations from Crow.

Ginni Thomas has previously courted controversy with her public, pro-Trump activities, and other conservative activism.

The Post said documents show that Leo instructed Conway at the time to “give” Ginni Thomas “another $25K,” noting that the billing information should have “no mention of Ginni, of course.”

“When you funnel tens of thousands of dollars to the wife of a Supreme Court justice and go out of your way to specify that her name must be kept off all records of the transaction, that means you know you are doing something wrong,” Sarah Lipton-Lubet, president of the Supreme Court advocacy nonprofit Take Back the Court, said in a statement shared with Insider.

Leo told The Post in a statement that Ginni Thomas’ work at the Judicial Education Project “did not involve anything connected with either the Court’s business or with other legal issues.”

“Anybody who thinks that Justice Thomas is influenced in his work by what others say or do, including his wife Ginni, is completely ignorant of who this man is and what he stands for,” Leo’s statement read, per The Post. “And anybody who thinks Ginni Thomas would seek to influence the Supreme Court’s work is completely ignorant of the respect she has for her husband and the important role that he and his colleagues play in our society.”

The conservative activist said he kept Thomas’ name off the financial paperwork “knowing how disrespectful, malicious and gossipy people can be,” per The Post.

“I have always tried to protect the privacy of Justice Thomas and Ginni,” he told the outlet.

Leo and Thomas first met when the justice was a clerk in the District of Columbia Circuit, and have been friends for decades, per The New York Times. Thomas is the godfather to one of Leo’s children and has spent time at the activist’s vacation home, The Times reported, while Ginni Thomas considers Leo a mentor, per The Washington Post.

Leo himself has been under recent scrutiny. Politico reported in March that Leo’s personal wealth soared as he started playing a key role in political fundraising and assisting then-President Donald Trump in 2016 with creating a conservative Supreme Court majority.

And on April 6, a nonprofit watchdog organization in Washington accused Leo of acquiring $73 million over six years from nonprofit groups that illegally sent money to his businesses.

Representatives for Ginni Thomas and the Supreme Court, did not immediately respond to Insider’s requests for comment sent outside regular business hours. Leo’s firm, CRC Advisors, and Conway’s website did not immediately respond to similar requests.

Previously, SCOTUS experts have said that a main issue is the lack of enforcement of ethics standards; justices are tasked with policing themselves.

GOP donor Harlan Crow paid private tuition for relative of Justice Clarence Thomas

USA Today

GOP donor Harlan Crow paid private tuition for relative of Justice Clarence Thomas

John Fritze – May 4, 2023

WASHINGTON − Republican megadonor Harlan Crow paid private boarding school tuition for the grandnephew of Supreme Court Justice Clarence Thomas, according to a report Thursday in ProPublica that was likely to bring a fresh round of scrutiny to both Thomas and the ethics practices at the nation’s highest court.

Thomas had taken legal custody of his grandnephew at the time and told C-SPAN in an interview he was “raising him as a son.” Tuition at the Georgia boarding school ran more than $6,000 a month, ProPublica reported. Thomas did not note the payments from Crow on his annual financial disclosures.

The revelation was the latest involving Thomas and Crow, who paid for lavish trips and private jet travel for the justice and his wife and who purchased three Georgia properties from Thomas and his family − none of which were reported on disclosure forms officials are required to file to give the public insight into their financial arrangements.

The court did not respond to a request for comment.

In a statement, Mark Paoletta, who has represented Thomas’ wife, Ginni, said the tuition payment was not reportable because disclosure requirements do not cover nephews.

“This malicious story shows nothing except for the fact that the Thomases and the Crows are kind, generous, and loving people who tried to help this young man,” Paoletta said.

What’s the potential impact of the latest Clarence Thomas revelations?
  • The latest ProPublica story came as Thomas and the Supreme Court are under heightened scrutiny from Congress and outside groups over ethics concerns. The Senate Judiciary Committee held a hearing Tuesday in which Democrats, in particular, slammed the court for a series of recent stories questioning disclosure practices.
  • But the debate over ethics at the Supreme Court has also become increasingly partisan, and Republican senators at the hearing accused Democrats of highlighting the ethics issues as a way to delegitimatize a court that handed down several controversial and conservative opinions on abortion, guns and religion in recent years.
  • In response to the initial ProPublica story about travel, Thomas said he was “advised that this sort of personal hospitality from close personal friends, who did not have business before the court, was not reportable.” He said he has “endeavored to follow that counsel throughout my tenure,” Thomas said in a statement, “and have always sought to comply with the disclosure guidelines.”
Justice Clarence Thomas and the Supreme Court are under heightened scrutiny from Congress and outside groups over ethics concerns.
Justice Clarence Thomas and the Supreme Court are under heightened scrutiny from Congress and outside groups over ethics concerns.
‘Harlan picked up the tab’

It was not clear exactly how much money Crow spent on the tuition at the school, Hidden Lake Academy. ProPublica identified a bank statement for July 2009 that showed Crow paid the tuition for Thomas’ relative that month. Christopher Grimwood, a former administrator at the school, told ProPublica that Crow paid the tuition the entire time Thomas’ grandnephew was a student there.

“Harlan picked up the tab,” Grimwood told ProPublica.

Crow’s office responded with a statement asserting that his family has supported many scholarships and blamed “partisan political interests” for trying to turn an effort to help “at-risk youth” into something “nefarious.”

Thomas and Ginni Thomas have also accepted luxury trips for years paid for by Crow, including international travel on his private jet and yacht, ProPublica reported last month. Crow also purchased three Georgia properties from Thomas and members of his family in 2014, a transaction that Thomas failed to note on his annual disclosure forms.

GOP Lawmaker’s Wild Claim About Those Who ‘Hate Homosexuals’ Causes Literal Jaw-Drop

HuffPost

GOP Lawmaker’s Wild Claim About Those Who ‘Hate Homosexuals’ Causes Literal Jaw-Drop

Ed Mazza – May 3, 2023

Fox News Flips Over ‘Woke’ Legos

The right-wing network has added another new enemy to its list — the Lego toy company.

There was a jaw-dropping moment on the floor of the Florida House of Representatives this week after a Republican lawmaker’s comment about who really hates the LGBTQ+ community.

“ISIS, the Taliban and al Qaeda. Those are the folks who discriminate,” state Rep. Jeff Holcomb said Monday. “Our terrorist enemies hate homosexuals more than we do.”

It’s not clear if he misspoke or intended to say it like that, but he was speaking in support of a bill that urges Congress to prohibit “woke social engineering and experimentation” that are “eroding” the military.

The implication that Republicans hate the gay community ― but terrorists hate them even more ― led to gasps in the audience, while Democratic Rep. Kelly Skidmore’s jaw literally dropped:

Holcomb, who is in the Navy Reserve, continued by quoting the Navy creed: “I am committed to excellence and fair treatment of all.”

Large portion of Florida under red flag warning. What’s that mean?

The Florida Times – Union

Large portion of Florida under red flag warning. What’s that mean?

Cheryl McCloud, Florida Times-Union – May 3, 2023

red flag warning is in effect for much of Florida today.

The warning is in effect for Northeast and Central Florida from noon to 7 p.m. In some locations, the warning is in effect until 8 p.m., according to the National Weather Service.

Low humidity, breezy winds and critically dry conditions prompted the warning.

Winds of 15 mph are expected to be out of the west today, with gusts up to 25 mph. Relative humidity is forecast to be 20 percent to 30 percent.

Giant mats lurk off Florida: Giant mats of sargassum are off Florida coast and have beached in spurts but will peak soon

What to know about sargassum: Sargassum seaweed being seen in Florida. Here’s where it’s going and when it will be worst

What is a red flag warning?
Much of Florida is under a red flag warning May 3, 2023.
Much of Florida is under a red flag warning May 3, 2023.

A red flag warning means warm temperatures, very low humidity, and stronger winds are expected to combine to produce an increased risk of fire danger, according to the National Weather Service.

Conditions also can cause reignition of any smoldering fires started by recent lightning strikes.

What are the dangers with a red flag warning?

Wildfires can grow quickly under these conditions.

What Florida counties are under a burn ban?
Conditions in Florida prompted a red flag warning for much of the state May 3, 2023. Burn bans in effect.
Conditions in Florida prompted a red flag warning for much of the state May 3, 2023. Burn bans in effect.

The Florida Forest Service reports the following counties are under a burn ban as of May 1:

  • Citrus
  • Collier
  • Desoto
  • Glades
  • Hendry
  • Hernando
  • Highlands
  • Lee
  • Pasco
  • Polk

Burning of yard debris is prohibited year-round under county ordinance in these locations:

  • Duval
  • Hillsborough
  • Pinellas
  • Sarasota
How dry is it in Florida?
Florida rainfall around the state from Jan. 1 through March 31, 2023.
Florida rainfall around the state from Jan. 1 through March 31, 2023.

As La Niña  continues to make itself felt, for the southeastern U.S., that includes a dry and warm winter and a potentially active wildfire season for Florida, according to the Florida Forest Service.

A combination of above-average temperatures and below-average precipitation was in the forecast throughout all North Florida through March.

There may be good news on the horizon: The drought coverage and intensity may have peaked across Florida in recent past weeks, according to the Climate Prediction Center. 

What should you do when under a red flag warning?
  • If you are allowed to burn in your area, all burn barrels must be covered with a weighted metal cover, with holes no larger than 3/4 of an inch.
  • Do not throw cigarettes or matches out of a moving vehicle. They may ignite dry grass on the side of the road and become a wildfire.
  • Extinguish all outdoor fires properly. Drown fires with plenty of water and stir to make sure everything is cold to the touch. Dunk charcoal in water until cold. Do not throw live charcoal on the ground and leave it.
  • Never leave a fire unattended. Sparks or embers can blow into leaves or grass, ignite a fire, and quickly spread.
Where are active wildfires in Florida?

There are 42 active fires covering more than 5,000 acres currently across the state. The Florida Forest Service maintains a map showing the location, size and percentage contained of current wildfires.

Former GOP Lawmaker Rips Republicans With ‘Simple’ Answer To Gun Violence

HuffPost

Former GOP Lawmaker Rips Republicans With ‘Simple’ Answer To Gun Violence

Lee Moran – May 2, 2023

Another Day, Another Mass Shooting

Former Rep. David Jolly (R-Fla.) on Monday suggested a “simple” political solution to America’s gun violence.

“I would say the political answer to gun violence in America is never again elect a Republican. It’s that simple,” Jolly told MSNBC’s Nicolle Wallace during an analysis of the latest mass shooting in Texas in which five people were killed.

“They are bad-faith actors,” Jolly, who left the GOP in 2018, said of his former Republican colleagues, further slamming them for focusing on “motive as opposed to the means.”

“Listen, there is no motive that can accomplish gun violence without the means and the means is the weapon and the access to that weapon and in cases like we just saw, to weapons of war,” he explained.

Jolly noted a general consensus nationwide about “common sense measures” for gun control but said he felt “we need to get more aggressive” and talk about “licensing and registration” and much deeper background checks.

This woman was told her mortgage was paid off: 10 years later, she received a foreclosure notice in the mail. She decided to fight.

MarketWatch – The Human Cost

This woman was told her mortgage was paid off: 10 years later, she received a foreclosure notice in the mail. She decided to fight.

Aarthi Swaminathan – May 2, 2023

Mortgages originated in the early 2000’s and largely forgotten are now being pursued by debt collectors. Government officials are concerned.
Rohit Chopra, director of the Consumer Financial Protection Bureau, stands beside homeowner Rose Prophete during a field hearing in Brooklyn, N.Y. PHOTO: LEGAL SERVICES NYC

Rose Prophete bought her home in Canarsie, Brooklyn, N.Y. in May 2005. She thought she had paid off her loans until recently, when a company approached her about a debt she thought she had settled a long time ago.

The company expected Prophete to pay up over $130,000, or face foreclosure.

When refinancing her mortgage on the home, Prophete had split her mortgage into two. Prophete said she had been erroneously told that her second mortgage was paid off. That debt, having laid dormant for years, was now being pursued by a debt-collection firm.

Prophete is one of 13 plaintiffs in a 2021 federal lawsuit against the firm, and she recently testified at a field hearing into “zombie debts” held by the Consumer Financial Protection Bureau, a government agency responsible for consumer protection in the financial-services sector.

The CFPB last week announced that it was issuing legal guidance for debt collectors trying to collect on mortgages that were long considered forgiven by borrowers, who in particular had no notices or statements sent over a decade about outstanding debt.

‘This is really frustrating — I don’t want to lose my home.’— Rose Prophete, who bought her home in Brooklyn, N.Y. in May 2005

The federal agency said that a debt collector “who brings or threatens to bring a state-court foreclosure action to collect a time-barred mortgage debt may violate the Fair Debt Collection Practices Act.” Time-barred refers to debt whose statute of limitations has run out.

“Debt collectors do not get to claim ignorance of the law or ignorance of the debt’s age,” Rohit Chopra, director of the CFPB, said during the hearing. “If the statute of limitations has expired, taking legal action threatening to bring a suit of foreclosure may be illegal no matter what the debt collector claims to have known. This is the law.”

Prophete, a Haitian immigrant and a hospital technician, said during the CFPB hearing that she had worked three jobs to afford the two-family Brooklyn home, on top of taking care of small children. 

According to the lawsuit, a little more than a year after they completed the purchase, the broker who arranged the financing suggested she refinance the mortgage to lower her monthly payments. She agreed to refinance her mortgage into two, as the broker told her that this “financing structure would be the most financially advantageous to her,” per the filing. The first loan was for $504,000 and the second for $63,000 with an interest rate of 9%.

‘Debt collectors do not get to claim ignorance of the law or ignorance of the debt’s age.’— Rohit Chopra, director of the CFPB, speaking about the Fair Debt Collection Practices Act

After a couple of years, she received a note from her first lender that the second loan was fulfilled — that she didn’t need to pay for it. She said she didn’t receive any statements for the second mortgage, so she focused on paying off her first one, the lawsuit said.

She said she never heard back from the mortgage servicer, until over a decade later, in March 2021, when she received a foreclosure notice in the mail. The creditor was attempting to collect on payments due from Jan. 1, 2009 to the date of filing in 2021. The payments had ballooned from $63,000 to over $130,000, according to the lawsuit.

“This is really frustrating — I don’t want to lose my home,” Prophete said during the field hearing. 

New York Attorney General Leticia James, who also spoke during the hearing, said that debt-collection firms were engaged in “predatory practices” to “rob individuals of the equity in their home.” 

Debt buyers were acquiring these mortgages “often for pennies on the dollar,” James said, and they were now suing homeowners and “seeking to exploit rising housing values by reviving the long-dormant zombie debt.” 

“I find this practice predatory and abusive and an affront to the American dream of sustainable home ownership,” she added. “I will fight this despicable practice.”

Florida’s insurance crisis: 2 special sessions, little help | Commentary

Orlando Sentinel

Florida’s insurance crisis: 2 special sessions, little help | Commentary

Scott Maxwell, Orlando Sentinel – May 2, 2023

For years, Florida lawmakers ignored a looming insurance crisis.

Then, with rates skyrocketing and companies fleeing the state, they scrambled to call not one, but two special sessions, vowing to help.

Well, my wife and I saw what the Legislature’s version of help looks like a few months ago when our insurance bill jumped from $4,000 to $7,000.

Any more “help “like that and we’ll be eating cat food.

In reality, we’ll be just fine. But a growing number of Floridians are facing bills they can barely afford as prices skyrocket throughout the state.

The Insurance Information Institute predicted increases of 40% throughout Florida this year. Some companies have requested 60% hikes. And scores of Floridians are still being dropped by their carriers while the state-run Citizens Property Insurance keeps bloating.

This is an undeniable, mounting mess.

So once again, GOP legislators – who have spent the better part of the past two years waging culture wars – have cobbled together another insurance bill.

But if you’re counting on this lowering your rates, bad news: It will not.

That’s not my take. It’s the take of former GOP Sen. Jeff Brandes – one of the few lawmakers who repeatedly warned his colleagues to take action years ago and was largely ignored.

“Nothing in this bill lowers rates,” Brandes, who now runs the Florida Policy Project, said this week. “Nothing in this bill encourages more companies to come.”

Brandes and I have differing views on some aspects of reform – particularly as it relates to the transparency measures and regulations that subsidized insurance companies should face.

But we agree on three key things:

1. Despite years of yapping about fraud claims driving up costs and rates, Florida lawmakers have never cracked down on bad actors in any meaningful fashion.

2. The solutions they’re talking about now aren’t going to do much, if anything, to bring down rates.

3. Any meaningful solution – in a state like ours that’s basically a bullseye for hurricanes and increasingly at risk of flooding – is going to involve a boatload of public money.

Brandes and I may have varied thoughts on how that money should be spent. But the reality is that this problem – where the state-run insurance company is now covering millions of Floridians at increasingly high rates – requires a major investment and serious policy reform.

And that’s not good news for a Legislature that specializes in divisive bumper-sticker priorities – dragging Disney, fuming about drag queens and decrying wokeism.

When it comes to hard, serious policy work, they are either unwilling or incapable of getting the job done. At least when it comes to insurance.

A clear example of that is fraud. For years, lawmakers have blamed fraudulent claims for driving up insurance costs and driving companies out of the state. But they haven’t done squat from an enforcement standpoint.

“If you want talent in the Office of Insurance Regulation – which should be one of the most talented in the state – you have to pay for it,” Brandes said.

That seems obvious. If your city had a rash of burglaries, you’d beef up your burglary patrol. But Florida politicians have whined about fraud without ever dedicating serious resources to exposing, punishing and stopping it.

If they can set up a statewide election-crime police force to deal with fever-dream problems, you’d think they’d beef up their insurance team to deal with an actual financial nightmare.

But to really bring down prices, we need more competition among providers. Or we need to invest more in Citizens – and basically accept that a giant, costly state-run insurance company is the only way we’re going to be able to cover everyone in a state that’s both storm-ravaged and low-wage.

Few people really want that second option. Certainly not Brandes. But many of us aren’t super keen either on just handing over tax dollars to an industry with a track record of hosing its policy holders.

Just a few weeks ago, the Washington Post published a maddening investigative report that found Florida insurance companies were financially victimizing hurricane survivors by gutting their claims and payments – sometimes by as much as 90% of what the companies’ own adjusters said the homeowners were due. The piece featured an adjuster who said one insurance company took his report – which estimated $200,000 in valid claims for one home – and whittled it down to just $27,000 without his knowledge or consent.

Brandes prefers offering companies incentives to write Florida policies. That may be worth exploring – with a lot of checks and balances added in.

But here’s the bottom line: Either scenario – majorly subsidizing private industries or growing/transforming Citizens into something like a Florida version of Medicare for homeowners – is painful. They’re both costly, politically unpopular and involve a lot of hard work.

Unfortunately, most Florida politicians don’t want to do hard work or make unpopular moves. So they just keep screaming about critical race theory and transgender athletes. And while they scream, your rates keep rising.

I think we’re heading toward a pain point – where even the Floridians who used to laugh at the culture wars are going to stop laughing once they realize they can barely afford to stay in their homes. That may be when they start finally putting people in office who are more interested in solving problems than creating them.

Can American’s expect this U.S. Supreme Court to be fair and impartial? U.S. Supreme Court to examine whistleblower claims against financial firms in UBS case

Reuters

U.S. Supreme Court to examine whistleblower claims against financial firms in UBS case

Daniel Wiessner – May 1, 2023

FILE PHOTO: U.S. Supreme Court building in Washington

(Reuters) -The U.S. Supreme Court on Monday agreed to examine how difficult it should be for financial whistleblowers to win retaliation lawsuits against their employers as the justices took up a long-running case involving Switzerland’s UBS Group AG.

The justices will hear an appeal by Trevor Murray, a former UBS bond strategist, of a lower court’s decision to throw out his 2021 lawsuit that accused the company of unlawfully firing him for refusing to publish misleading research reports and complaining about being pressured to do so.

The appeal involves a technical but important issue – whether whistleblowers who sue their employers for retaliation under the federal Sarbanes-Oxley Act must prove that companies acted with “retaliatory intent.”

The New York-based 2nd U.S. Circuit Court of Appeals last year decided that Murray was required to meet that bar and failed, creating a split with four other federal appeals courts. Those courts have said that defendants in Sarbanes-Oxley cases can raise the lack of intent as a defense, but that plaintiffs do not have to prove employers acted with intent.

A Supreme Court ruling in favor of UBS could significantly curtail financial whistleblower lawsuits because it is often difficult for plaintiffs to prove a defendant’s motives.

Robert Herbst, a lawyer for Murray, said the 2nd Circuit decision ignored the text of the whistleblower law, adding that he looked forward to arguing the case before the Supreme Court.

A UBS spokesperson said, “We expect the court will uphold the 2nd Circuit’s decision.”

Murray, who worked in UBS’s mortgage securitization unit, accused UBS officials of pressuring him to issue skewed and bullish research on commercial mortgage-backed securities in order to support the bank’s trading and underwriting operations. He has said he was fired in 2012 about two months after complaining to supervisors and despite receiving excellent performance reviews.

UBS has denied wrongdoing and said Murray’s termination was part of a cost-cutting campaign that eliminated thousands of jobs.

The Sarbanes-Oxley Act was adopted in 2002 and created enhanced accounting standards for publicly traded U.S. companies after a series of accounting scandals, along with new legal protections for employees who report illegal conduct.

The Supreme Court is due to hear the case in its next term, which begins in October.

(Reporting by Daniel Wiessner in Albany, New York; Editing by Will Dunham)

Al Franken blasts Supreme Court: It’s ‘illegitimate’

The Hill

Al Franken blasts Supreme Court: It’s ‘illegitimate’

Julia Mueller – May 1, 2023

Al Franken blasts Supreme Court: It’s ‘illegitimate’

“The court is a very divisive entity now, institution right now. And the Supreme Court, to me, is illegitimate,” Franken said on “The Al Franken Podcast” in conversation with The Washington Post’s Dan Balz.

​​Former Sen. Al Franken (D-Minn.) is calling the Supreme Court “illegitimate” and Chief Justice John Roberts a “villain,” citing a number of controversies surrounding the nation’s highest court.

Franked resigned from the Senate in 2017 amid sexual harassment allegations.

He referenced the controversial confirmation of Justice Amy Coney Barrett, a Trump nominee, and the court’s decision last summer to overturn Roe v. Wade.

“The way they didn’t take up [Obama nominee Merrick] Garland and on saying, ‘It’s an election year,’ and then they, of course, put in Coney Barrett like eight days before the election. Then, of course, Dobbs and abortion.”

Balz said the court has “lost credibility” and has become “seen increasingly as one more partisan institution,” though he noted Roberts has tried to counter that perception.

“I think the Chief Justice is actually much more culpable for this division than people think,” Franken said, referencing some of Roberts’s decisions. “I think Roberts is much more the villain in this than people give him credit for.”

Polling has indicated a decline in Americans’ trust that the Supreme Court, with its nine lifetime-appointment Justices, is nonpartisan.

Franken’s comments also come amid new scrutiny over the Supreme Court’s ethics standards after reporting from ProPublica found Justice Clarence Thomas failed to disclose a series of luxury trips he’d taken, paid for by Republican donor Harlan Crow, and revelations that the same Texas billionaire had paid for the home Thomas’s mother was living in.

Trickling Tax Revenue Complicates Debt Limit Talks

The New York Times

Trickling Tax Revenue Complicates Debt Limit Talks

Alan Rappeport – May 1, 2023

Treasury Secretary Janet Yellen speaks during a press conference at the Treasury Department in Washington, on April 11, 2023. (Yuri Gripas/The New York Times)
Treasury Secretary Janet Yellen speaks during a press conference at the Treasury Department in Washington, on April 11, 2023. (Yuri Gripas/The New York Times)

WASHINGTON — A vote by House Republicans last week to lift the nation’s debt limit in exchange for deep spending cuts was the first step in what is likely to be a protracted battle over raising or suspending the borrowing cap to avoid defaulting on United States debt.

But while Republicans and President Joe Biden and his fellow Democrats are gearing up for a fight, a key question is beginning to sow unease in Washington and on Wall Street: How much time is there to strike a deal?

The United States technically hit its $31.4 trillion debt limit in January, forcing the Treasury Department to employ accounting maneuvers known as extraordinary measures to allow the government to keep paying its bills, including payments to bondholders who own government debt. Treasury Secretary Janet Yellen said at the time that her powers to delay a default — in which the United States fails to make its payments on time — could be exhausted by early June. She cautioned, however, that the estimate came with considerable uncertainty.

With June now just a few weeks away, uncertainty around the timing of when the United States will run out of cash — what’s known as the X-date — remains, and determining the true deadline could have huge consequences for the country.

Tax receipts will be key to the X-date.

Determining the X-date depends on a complex set of factors, but ultimately what matters most is how much money the government spends and how much it takes in through taxes and other revenue.

The Bipartisan Policy Center, which tracks federal revenues, projected in February that lawmakers would need to raise or suspend the debt limit sometime between summer and early fall to avoid a default. The specific date would largely depend on how quickly tax revenues are coming into the government’s coffers.

There are signs that 2022 tax receipts are trickling in too slowly for comfort. Economists at Wells Fargo wrote in a note to clients last week that because tax collections appear to be weaker than expected, there is a chance the X-date could be as soon as early June. However, they continue to believe early August is the most likely default deadline.

“A low but not insignificant probability of a U.S. default is still very concerning, and we would think the last thing Treasury officials want is an X-date that sneaks up on Congress,” they wrote.

Tax day payments are still arriving. Goldman Sachs economists projected last week that by the second week of June, the Treasury Department could have around $60 billion of cash remaining, which would allow the government to keep making its payments until late July.

Natural disasters could fuel a debt disaster.

There is a surprising factor that could cause the X-date to arrive sooner: the weather. Severe storms, flooding and mudslides in California, Alabama and Georgia this year prompted the IRS to push the April 18 filing deadlines in dozens of counties to October.

The IRS said this year that, because of the storms, individuals and businesses in the affected areas could file their returns late. They were also given more time to make contributions to retirement and health savings accounts.

Farmers, who often file their tax returns by March 1, also have received a reprieve until Oct. 16, and estimated payments that normally would have been made in January were allowed to be pushed back to that date.

It is not clear how much tax revenue has been delayed by the storms, but the extensions have given the Treasury Department less wiggle room to keep paying the bills.

An update could come this week.

The Treasury Department is expected to send a letter to Congress in the coming days with a more precise estimate of when it could start running out of cash. It could also lay out new measures intended to stave off a default. This year, Yellen announced that she would redeem some existing investments and suspend new investments in the Civil Service Retirement and Disability Fund and the Postal Service Retiree Health Benefits Fund.

In a speech last week, Yellen warned that a default would have real consequences for the economy.

“Household payments on mortgages, auto loans and credit cards would rise,” Yellen said in remarks to the Sacramento Metropolitan Chamber of Commerce in California. “And American businesses would see credit markets deteriorate.”

She added, “On top of that, it is unlikely that the federal government would be able to issue payments to millions of Americans, including our military families and seniors who rely on Social Security.”

Here’s what the X-date means for negotiations.

As the X-date approaches, it will put more pressure on lawmakers to take action.

Analysts at Beacon Policy Advisors predicted that if a default could really happen as soon as June, that would increase the likelihood that Congress will pass a short-term suspension of the debt limit through October. If the X-date is expected to hit in July, that might compel lawmakers to file legislation by early May so they have sufficient time to deal with procedural obstacles in Congress.

Although markets have broadly remained calm about the prospect of a default, there are some signs that investors are becoming nervous.

They have sold government bonds that mature in three months — around the time policymakers have said the United States could run out of cash — and snapped up bonds with just one month until they are repaid.

The cost of insuring existing bond holdings against the possibility that the United States will default on its debts has also risen sharply. Still, analysts say the market reaction would need to be much more pronounced to force a fast deal.

“This has caused some heartburn among policymakers but not enough to move the negotiating needle in a meaningful way,” the Beacon analysts wrote. “There needs to be a bigger market response and a more definitive X-date to get negotiations going in full.”

That has yet to happen, however. While Biden has indicated he is open to talking with House Speaker Kevin McCarthy about ways to get the nation’s fiscal situation on a better track, the two have yet to schedule a meeting after the House passage last week.